Rolla City Zoning Code
ARTICLE I
Administration
Section 42-100 Title.
[Ord. No. 4762, 10-2-2023]
1.
This Chapter of the Rolla City Code shall be known and may be cited as the Rolla Zoning and Subdivisions Code, and may also be referred to as Zoning Regulations, Zoning Code, or Subdivision Regulations.
Section 42-101 Purpose.
[Ord. No. 4762, 10-2-2023]
1.
This code is adopted in order to promote the health, safety, morals, and the general welfare of the community by regulating features including the height, number of stories, and the size or bulk of buildings and other structures, lot coverage, the size of yards and other open spaces, the density of population and the location and use of buildings and structures for trade, industry, residences or other purposes. Additional purposes include the conservation and protection of property values, encouraging efficient and economic use of property, prevention of traffic congestion, mitigation of adverse environmental impacts, mitigation of disaster potential impacts, and planning for future needs.
2.
In addition, the subdivision regulations are designed to provide for the safe, orderly, and economic use of transportation facilities; to facilitate orderly land use and layout; to ensure proper legal description and creating monuments for subdivided land; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to facilitate the adequate provision of municipal services including streets, water, sewerage, electricity, parks, open space, schools, and other requirements; and to promote the development of affordable housing.
Section 42-102 Applicability And Jurisdiction.
[Ord. No. 4762, 10-2-2023]
The regulations and restrictions in this Chapter shall apply to all buildings, structures, land, and land uses within the corporate limits of the City of Rolla, unless otherwise exempted or grand-fathered by other provisions of this Code.
Section 42-103 Authority.
[Ord. No. 4762, 10-2-2023]
The City Council enacts the Rolla Zoning and Subdivisions Code pursuant to the authority conferred by Chapter 89, RSMo., as applicable.
Section 42-104 Severability.
[Ord. No. 4762, 10-2-2023]
It is hereby declared to be the intention of the City Council that the several provisions of this Chapter are separable, in accordance with the following rules:
1.
If any court of competent jurisdiction shall adjudge any provision of this Chapter to be unconstitutional, invalid, or illegal, such judgment shall not affect any other provisions of this Chapter.
2.
If any court of competent jurisdiction shall adjudge the application of any provision of this Chapter to a particular property, building or structure to be unconstitutional, invalid, or illegal, such judgment shall not affect the application of said provision to any other property.
Section 42-105 Rules Of Interpretation.
[Ord. No. 4762, 10-2-2023]
1.
When referring to this Chapter, the following rules of interpretation shall be applied, except when the context clearly requires otherwise:
a.
The words "shall" and "must" are always mandatory and not discretionary. The word "may" is permissive.
b.
Words used in the present tense shall include the future and words used in the singular include the plural and the plural the singular, unless the context clearly indicates the contrary.
c.
The use of the male pronoun includes the use of the female pronoun.
d.
The word person includes individuals, firms, corporations, associations and any other similar entities.
e.
The words parcel, site, or tract are synonymous and are general terms for the description of land.
f.
The word City means the area of jurisdiction of the City of Rolla, Missouri.
2.
Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply:
a.
Boundaries shown as approximately following the centerlines of streets, highways, or alleys shall be construed to follow centerlines.
b.
Boundaries shown as approximately following platted lot lines shall be construed as following lot lines.
c.
Boundaries shown as following City limit lines shall be construed as following such City limits.
d.
Boundaries shown as following railroad lines shall be construed to be midway between the main tracks.
e.
Boundaries shown as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, ponds, or lakes shall be construed to follow such centerlines.
f.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections (2)(a) through (e) above, the Community Development Director shall interpret the district boundaries.
g.
Any interpretation may be appealed to the Board of Adjustment.
3.
Whenever any public right-of-way is vacated by official action of the Planning and Zoning Commission and City Council, the zoning district adjoining each side of the vacated right-of-way shall automatically extend to the centerline of the vacated property; or, in the case where all of the vacated right-of-way shall revert to one (1) property, the zoning district of the host property shall extend to the vacated area.
Section 42-106 Conflicts.
[Ord. No. 4762, 10-2-2023]
If there is a conflict between any part of this Chapter and any other law, City Code provision, ordinance, regulation, or other part of this Chapter the provisions that are more restrictive or that impose higher standards or requirements shall govern.
Section 42-107 Duties Of The Community Development Director.
[Ord. No. 4762, 10-2-2023]
The Community Development Director or his/her duly designated and authorized representative, in addition to the duties delegated to him/her under this Chapter and other ordinances of the City, shall administer and enforce this Chapter including:
1.
Receiving applications for permits for the construction, erection, structural alteration, enlargement and removal of parking lots, signs, and land use.
2.
Receiving applications for variances and special exceptions, rezonings (map amendments), amendments to the zoning codes, subdivision of land, conditional use permits, and planned unit developments.
3.
Notifying applicants of all City ordinances pertaining to said applications.
4.
Making and maintaining records for all functions pertaining to codes administration duties.
5.
Interpreting the provisions of this Chapter.
6.
Providing technical assistance to the City Council, Planning and Zoning Commission, and Board of Adjustment as they may require in the performance of their duties under this Chapter.
7.
Conducting inspections of buildings, structures, and uses of any premises to determine compliance with the terms of this Chapter.
8.
Maintaining for distribution to the public copies of the zoning map or maps, and the text of the Zoning Ordinance.
9.
Making recommendations with respect to City planning, zoning, land use and development to the City Council, Planning and Zoning Commission, City Administrator and other departments and agencies of the City.
10.
Maintaining permanent and current records of official actions on all variances, conditional use permits, special exceptions, re-zoning applications, and other activities of the Planning and Zoning Commission and Board of Adjustment and all functions of the Community Development Department related to the administration of this Chapter.
Section 42-109 Development Review Committee.
[Ord. No. 4762, 10-2-2023]
1.
There is hereby established a Development Review Committee to establish a method and procedure to facilitate and coordinate decision-making concerning land development and the enforcement of this Chapter and any other City ordinances related to land development The Development Review Committee shall not be construed to supplant, modify, or limit authority expressly granted to administrative officials. Neither shall the Committee serve in any appeals capacity.
2.
The Development Review Committee may consist of the following individuals or their authorized representative:
a.
The Community Development Director;
b.
The Codes Administrator;
c.
The Director of Public Works;
d.
The City Engineer;
e.
General Manager — Rolla Municipal Utilities;
f.
The Parks Department Director;
g.
Additional representatives, including other City officials, public/private utilities, City departments, agencies, boards and commissions.
3.
The Development Review Committee may:
a.
Act in an advisory capacity to the Mayor, City Council, City Administrator, and the City's boards and commissions on matters relating to the Zoning Code and related development issues.
b.
Review subdivision plats, Board of Adjustment, and land use applications prior to their review by the Planning and Zoning Commission or Board of Adjustment, providing guidance and recommending conditions necessary to achieve the intent of these regulations.
c.
Conduct factual investigations, as deemed appropriate by the Mayor and/or City Council, or the City Administrator, regarding matters relating to land development practice and the application of the Zoning Code.
d.
Conduct informal hearings or meetings for the purpose of obtaining factual information and expert opinion regarding the interpretation of the Zoning Code prior to any appeals.
e.
Conduct pre-application meetings for planned and potential redevelopment projects to provide guidance of any needed subdivision or land use applications.
Section 42-110 Planning And Zoning Commission - Established.
[Ord. No. 4762, 10-2-2023]
There is hereby established a Planning and Zoning Commission for the City as provided by State Statutes. The Planning and Zoning Commission of Rolla, Missouri, also referred to as the Commission, is charged with the duty of making determinations and investigations concerning the design and improvements in proposed subdivisions and land use actions and for making recommendations to the City Council.
Section 42-111 Planning And Zoning Commission - Composition.
[Ord. No. 4762, 10-2-2023]
1.
The Commission shall consist of members appointed by the Mayor with the advice and consent of the City Council and such other members as may be provided by City ordinance.
2.
The Commission shall consist of nine (9) members. Eight (8) of such members shall be citizens and residents of the City and shall be appointed by the Mayor with the advice and consent of the City Council. One (1) Councilman shall be appointed annually to the Commission. The Mayor may serve as an ex-officio member of the Commission with no voting authority.
Section 42-112 Planning And Zoning Commission - Terms.
[Ord. No. 4762, 10-2-2023]
1.
The term of each of the citizen members shall be for four (4) years. Any vacancy in a membership shall be filled for the unexpired term by appointment. The terms begin on January 1 each calendar year. The term of the Councilperson shall coincide with their City Council term. A commissioner may continue to serve after the end of their term while awaiting re-appointment unless discharged of duty.
2.
The City Council may remove any member during their term for cause stated in writing and after a public hearing.
Section 42-113 Planning And Zoning Commission - Rules.
[Ord. No. 4762, 10-2-2023]
1.
The Commission shall elect a Chairman, and Secretary/Vice-Chairman, from among the appointed members of the Commission. The terms of each officer shall be one (1) year with eligibility for re-election. The terms shall run for each calendar year with elections to be held at the first meeting held in the calendar year.
2.
The Chairman shall have no vote, unless there is a tie vote on any matter considered by the Commission. The Secretary/Vice-Chairman assumes the role of the Chairperson for any meetings which the Chairperson is not able to attend.
3.
A quorum shall require five (5) members of the Commission.
4.
All motions or questions being voted upon by the Commission shall require an affirmative vote by a majority of the voting members present. Members may abstain from voting by casting their vote as "present" and that said vote shall not be tallied as a negative or an affirmative vote.
5.
The Commission shall hold regular meetings and special meetings as it may provide by rule and shall adopt rules for the transaction of business and keep a record of its proceedings. These records shall be open to the public for inspection.
6.
The Planning and Zoning Commission should consider the following information when reviewing re-zoning (map amendment) requests:
a.
Whether the proposed zoning district classification is consistent with the intent of the Rolla Comprehensive Plan;
b.
Whether there are any changed or changing conditions in the neighborhood affected that make the proposed rezoning necessary or desirable from an overall community development perspective;
c.
Whether the range of uses in the proposed zoning district classification are compatible with the uses permitted on other property in the immediate vicinity;
d.
Whether a reasonably viable economic use of the subject property will be precluded if the proposed rezoning is denied creating an economic hardship; and
e.
Relevant information submitted at the public hearing.
7.
The Planning and Zoning Commission should consider the following information when reviewing conditional use permit requests:
a.
Whether the proposed use is consistent with the intent of the Rolla Comprehensive Plan;
b.
Whether the proposed use, scale, and location is appropriate and compatible with the uses permitted on other property in the immediate vicinity;
c.
Whether adequate utility service and facilities exist or can be reasonably provided to serve the uses permitted on the property if rezoned;
d.
Whether reasonable conditions may be imposed to mitigate any impacts to the immediate vicinity;
e.
The impact the proposed use would have upon vehicular and pedestrian traffic safety;
f.
Relevant information submitted at the public hearing.
8.
The Planning and Zoning Commission should consider the following information when reviewing planned unit development requests:
a.
Whether the proposed zoning district classification is consistent with the intent of the Rolla Comprehensive Plan;
b.
Whether there are any changed or changing conditions in the neighborhood affected that make the proposed zoning necessary or desirable from an overall community development perspective;
c.
Whether the range of uses in the proposed zoning district classification are compatible with the uses permitted on other property in the immediate vicinity;
d.
Whether adequate utility service and facilities exist or can be reasonably provided to serve the uses permitted on the property if rezoned;
e.
The impact the proposed uses would have upon vehicular and pedestrian traffic safety;
f.
Whether the intent and goals of the planned unit development requirements are met;
g.
Whether a reasonably viable economic use of the subject property will be precluded if the proposed rezoning is denied creating an economic hardship; and
h.
Relevant information submitted at the public hearing.
9.
The Planning and Zoning Commission should consider the following information when reviewing annexation requests:
a.
Whether the proposed annexation meets the minimum Statutory requirements;
b.
Whether the proposed annexation is consistent with the Comprehensive Plan;
c.
Whether adequate utility and City services and facilities exist or can be reasonably provided to serve the area proposed to be annexed; and
d.
Relevant information submitted at the public hearing.
10.
The Planning and Zoning Commission should consider the following information when reviewing subdivision requests:
a.
Whether the proposed subdivision is consistent with the intent of the Rolla Comprehensive Plan;
b.
Whether the design of the subdivision is compatible with the immediate vicinity;
c.
Whether adequate utility service and facilities exist or can be reasonably provided to serve the property;
d.
The impact the proposed subdivision would have upon vehicular and pedestrian traffic safety;
e.
Whether the proposed subdivision meets the requirements of City Codes; and
f.
Relevant information submitted at the public hearing.
Section 42-114 Planning And Zoning Commission - Duties.
[Ord. No. 4762, 10-2-2023]
1.
The Planning and Zoning Commission reviews and makes recommendations to the City Council on preliminary plats, final plats, subdivision variances, annexation, de-annexation, re-zonings (map amendments), conditional use permits, planned unit developments, and amendments to the zoning and subdivision regulations.
2.
The Commission may within its discretion, make one (1) of the following recommendations in connection with each proposed re-zoning (map amendment) application:
a.
Recommend against the change in zoning.
b.
Recommend a change in zoning.
c.
Recommend a change in zoning for such area together with its recommendations as to requirements to protect adjacent property and secure substantially the purpose and intent of this Chapter. Such requirements shall be items that could reasonably be completed prior to the ordinance becoming effective or within a stated period of time thereafter.
3.
The Commission also reviews and makes recommendations to the City Council on planning documents such as the Rolla Comprehensive Plan, the Major Thoroughfare Plan, neighborhood plans, corridor plans, area plans, etc., as well as making recommendations regarding certain public improvement projects.
4.
The City Council may request and shall receive from the Commission recommendations on specific problems or questions concerning planning and zoning within a reasonable period of time.
Section 42-115 Planning And Zoning Commission - Powers.
[Ord. No. 4762, 10-2-2023]
1.
In general, the Commission shall have the power necessary to enable it to perform its functions and promote municipal planning.
2.
The Commission may make reports and recommendations relating to the comprehensive plan of the City and the development of the City to public officials and agencies, public utility companies, civic, educational, and other organizations and citizens.
3.
It may recommend to the executive or legislative officials of the City such programs for public improvements and the financing thereof as it deems appropriate.
4.
All public officials shall, upon request, furnish to the Commission, within a reasonable time, all available information it requires for its work.
5.
The Commission and City employees operating at the direction of or in support of the Commission, in the performance of its functions, may enter upon any land to make examinations and surveys with permission of owner/occupant.
6.
The Commission shall have and perform all of the functions of the Zoning Commissions as provided for in the State Statutes.
7.
The Planning and Zoning Commission is charged with review of streets for conformity to the adopted Comprehensive Plan and Major Thoroughfare Plan pursuant to Section 89.460, RSMo.
a.
For extensions, relocations, or construction of new collector status or higher streets, the general alignment must be shown on the adopted Comprehensive Plan or Major Thoroughfare Plan.
b.
If the project is not indicated on the plan or if the project follows a different alignment than indicated on the adopted plan, the Commission must review the project and amend the adopted plan prior to commencement of construction of the project or related utilities.
c.
Otherwise, any new, widened, relocated, or extended street must be approved by approval of a plat by the Commission and City Council.
8.
The Planning and Zoning Commission is charged with review of certain public facilities and utilities pursuant to Section 89.380, RSMo., for compliance with the Comprehensive Plan.
a.
The Commission may review the location, extent, and physical design of pedestrian trails, development or major expansions of new City facilities, water infrastructure such as pump houses, major distribution lines, and towers, electric infrastructure such as major electric sub-stations, generation facilities, and transmission lines, sewer infrastructure such as treatment plans and major trunk lines, natural gas infrastructure such as compressor stations and major transmission lines, and deployment of major private utility infrastructure within the City rights-of-way. Review may occur concurrently with rezoning.
b.
The Commission may disapprove or require modifications to achieve compliance with the Comprehensive Plan or mitigation of impacts for any project under control of the City. The City Council may overturn any requirements or disapproval by a two-thirds (2/3) majority vote.
Section 42-116 Plans - Preparation And Review.
[Ord. No. 4762, 10-2-2023]
1.
The Commission shall assist the City Council in making, reviewing, and adopting a Comprehensive Plan, or any other plan such as the Major Thoroughfare Plan, area plans, neighborhood plans, etc., for the physical development of the City.
2.
Any such plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the City which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy of the City in the process of development. The Commission shall be responsible for the periodic review of the adopted plans.
Section 42-117 Plans - Process To Adopt.
[Ord. No. 4762, 10-2-2023]
1.
Prior to the adoption of the plan by the City Council, the Commission shall hold at least one (1) public hearing thereon. The Commission shall hold such public hearing prior to any amendment or extension of such plan as adopted by the Council. Notice of such public hearing shall be published in a newspaper of general circulation in the City at least fifteen (15) days in advance. Such notice shall indicate the time, place, and date of such hearing. The hearing may be adjourned from time to time.
2.
The adoption of the plan by the Commission requires a majority vote of the full membership of the Commission. The resolution shall refer expressly to the maps, descriptive matter, and other matters intended by the Commission to form the whole or part of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Chairman of the Commission.
Section 42-118 Plans - Effect On Decisions.
[Ord. No. 4762, 10-2-2023]
Any adopted plan is a guiding document to assist in future decision making. The plan itself does not create regulations or restrictions for the use of property. The Commission should consider the impact of any decision on adopted plans; however, the Commission is not bound to the recommendations provided in the plans. The Commission should provide record of the reasons for departure from the adopted plans.
Section 42-119 Plans - Adopted.
[Ord. No. 4762, 10-2-2023]
The following plans have been adopted by the Rolla Planning and Zoning Commission and City Council:
a.
The Rolla 2020 Comprehensive Plan Update, 2005, is hereby adopted in its entirety.
b.
The 2008 Major Thoroughfare Plan is hereby adopted and shall be included as part of the Rolla 2020 Comprehensive Plan Update, 2005.
c.
The Rolla West Master Plan is hereby adopted as an amendment to the Rolla 2020 Comprehensive Plan Update, 2005, in its entirety.
d.
The Schuman/Ber Juan Neighborhood Plan, 2021, is hereby adopted as an element of the Rolla 2020 Comprehensive Plan Update, 2005.
Section 42-120 Board Of Adjustment - Established.
[Ord. No. 4762, 10-2-2023]
There is hereby established a Board of Adjustment for the City as provided by State Statutes. The Board of Adjustment of Rolla, Missouri, also referred to as the Board or BOA, is charged with the duty of making determinations and investigations certain requests for relief from the adopted Zoning Code.
Section 42-121 Board Of Adjustment - Composition.
[Ord. No. 4762, 10-2-2023]
1.
The Board of Adjustment shall consist of five (5) members, who shall be City residents. Members are appointed by the Mayor with the advice and consent of the City Council and such other members as may be provided by City ordinance.
2.
Up to three (3) additional members may be appointed to serve as alternate members in the absence of regular members. One (1) member of the Planning and Zoning Commission may be appointed by the City Council to serve as an alternate member for the Board of Adjustment.
Section 42-122 Board Of Adjustment - Terms.
[Ord. No. 4762, 10-2-2023]
1.
The members of the Board of Adjustment shall be appointed for staggered terms of five (5) years each. No member shall serve more than two (2) consecutive terms.
2.
The terms begin on January 1 each calendar year. Appointment to a partial term to fill a vacancy does not count as a term for the term limit. A member may continue to serve after the end of their term while awaiting re-appointment or appointment of another member unless discharged of duty.
3.
All members shall be removable for cause by the City Council upon written charges and after public hearings.
Section 42-123 Board Of Adjustment - Rules.
[Ord. No. 4762, 10-2-2023]
1.
The Board shall elect its own Chairman and Vice-Chairman who shall hold office for one (1) year. The terms are for a calendar year with elections to be held at the first meeting of the calendar year held. The Vice-Chairman shall act as the acting Chairman if the Chairman is unable to attend a meeting.
2.
Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board of Adjustment shall be open to the public except as provided by law.
3.
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions.
4.
Every decision of the Board of Adjustment shall be in writing and shall contain a full record of the findings of the Board in each case, and shall be a public record.
5.
Any interested party may appear at the hearing in person or by agent or by attorney. The burden of proof shall be on the applicant to establish the facts necessary which the Board of Adjustment must find before granting any special exception or variance.
6.
The Board may impose such conditions and restrictions as may be necessary to comply with the standards set out in this Chapter to reduce, minimize, or mitigate the effect of such special exception or variance upon the property in the neighborhood, and to better carry out the intent of this Chapter.
7.
The concurring vote of four (4) members of the Board shall be necessary to decide in favor to affect any variance of this Chapter or to grant any special exception.
Section 42-124 Board Of Adjustment - Powers.
[Ord. No. 4762, 10-2-2023]
The Board of Adjustment has the following duties and powers:
1.
Hear and decide appeals where it is alleged there is error in any order, requirement decision or determination made by an administrative official in the enforcement of this Chapter and decide any questions involving the interpretation of any of the provisions of this Chapter, including the location of any district boundaries, if there is uncertainty with respect thereto.
2.
In appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Chapter.
3.
Authorize, upon appeal, in specific cases such variance from the terms of this Chapter or other Chapters in the Rolla Code of Ordinances as according to the criteria for approval of such variance.
4.
Shall serve as the members of the Board of Appeals for the adopted version of the International Property Maintenance Code, as required in that Code, and shall hear appeals by any person directly affected by a decision of the Community Development Director or a notice or order issued under this Code. The Chairman of the Board of Adjustment shall serve as the Chairman of the Board of Appeals. The alternate members of the Board of Adjustment shall serve as alternate members of the Board of Appeals.
Section 42-124.5 Board Of Adjustment - Variances And Special Exceptions.
[Ord. No. 4762, 10-2-2023]
1.
The Board of Adjustment may grant an applicant a variance in the following instances:
a.
A variance from the applicable bulk regulations for buildings and structures, including maximum height, lot coverage, and required yard areas.
b.
A variance from the applicable minimum requirements for lot size, width, depth, or setback distances.
c.
A variance from the applicable off-street parking, signage, open space, landscaping and buffer area requirements.
d.
A use variance to allow a use of a property or building which is not permitted by this Chapter.
2.
The Board of Adjustment may authorize special exceptions to this Chapter as follows:
a.
The Board of Adjustment may grant a special exception to allow a legal non-conforming use to be changed to any other use, provided the proposed use is not more intense than the existing use in terms of traffic generation and other impacts on surrounding property.
b.
Permit the extension or expansion of an existing legal non-conforming use in a building or upon a lot currently occupied as a legal non-conforming use.
c.
Permit the use of property owned by a church for a parking lot in any district under such safeguards and conditions as are necessary to protect adjacent property.
d.
Alternative arrangements for landscaping, signage, or parking which is found to meet the intent of this Chapter.
e.
Any other land use specifically eligible for approval with a special exception in this Chapter.
Section 42-125 Board Of Adjustment - Decision Criteria.
[Ord. No. 4762, 10-2-2023]
1.
The Board of Adjustment shall not grant a variance request unless and until it shall make findings based upon the particular evidence presented to it in each specific case:
a.
That there are special circumstances or conditions applying to the land or buildings for which the variance is sought, which are peculiar to such land or building and do not apply generally to lands or buildings in the same zone or neighborhood, and;
b.
That said circumstances or conditions are such that the strict application of the provisions of this Chapter create an unnecessary economic hardship by depriving the applicant of the reasonable use of such land or building, and;
c.
That the alleged hardship has not been created by any person presently having an interest in the property, or based exclusively on a desire to enhance the rate of return from or value of the property, and;
d.
That the granting of such variance will not be detrimental to the public safety or public welfare, in such zoning district or neighborhood areas in which the property is located, and;
e.
That the variance as granted by the Board is the minimum variance that will accomplish this purpose, and;
f.
That relief from the literal enforcement and strict application of the provisions of this Chapter is consistent with the intent and spirit of the Chapter, and;
g.
That substantial justice is achieved by relief from the ordinance which cannot be achieved in any other means.
2.
The Board of Adjustment may grant use variances when the Board finds that based on the particular evidence presented to it meets the following criteria:
a.
Where the strict enforcement of this Chapter may cause an unnecessary hardship resulting from the unique characteristics of a site or proposed use, and;
b.
That granting the use variance is consistent with the intent of the Comprehensive Plan, and;
c.
That granting the variance will result in the achievement of substantial justice which cannot be achieved in any other means.
3.
The Board of Adjustment may grant a special exception from the provisions of this Chapter once the Board finds that based on the particular evidence presented it meets the following criteria:
Section 42-126 Board Of Adjustment - Appeals.
[Ord. No. 4762, 10-2-2023]
Appeals of an administrative decision or interpretation may be submitted to the Board of Adjustment.
1.
Such appeal shall be submitted within fifteen (15) day's time after an administrative officer has rendered the decision.
2.
The applicant for an appeal, shall bear the burden of producing evidence establishing the grounds of the appeal.
3.
In exercising the powers herein granted, the Board may, in conformity with the provisions of this Article reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer who rendered the original decision.
4.
A properly filed notice of appeal shall stay all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a proper court order.
Section 42-127 Board Of Adjustment - Appeals From Ruling.
[Ord. No. 4762, 10-2-2023]
Appeals from rulings of the Board of Adjustment may be submitted in the manner provided by Statute.
Section 42-130 Land Use Applications.
[Ord. No. 4762, 10-2-2023]
The following Sections detail the requirements for the various types of land use applications.
1.
Applications related to the subdivision of property are described in Section 42-500; Subdivision Regulations.
2.
All applications are subject to revocation if found to be incomplete or the payment is not received. Applications are processed in the order received.
3.
The tentative public meeting schedule will be assigned when an application is received. The dates are subject to the time needed to review the application, receive any needed revisions, and meeting all public notification requirements.
4.
Applications may be received during business hours at the Community Development Department office or submitted electronically emailed to the department together with all attachments.
Section 42-131 Rezoning (Map Amendment).
[Ord. No. 4762, 10-2-2023]
A property owner or authorized representative may request a rezoning (map amendment) by submitting the following:
1.
Completed application on forms supplied by the Community Development Department, and;
2.
Letter authorizing a representative to apply on behalf of the property owner, if applicable, and;
3.
Filing fee, and;
4.
Legal description of the subject property in an electronic format which can be copied, pasted, and manipulated (MS Word file or email preferred), and;
5.
Site Plan indicating the proposed or potential development of the property if the requested zoning is for any multi-family, governmental, C-2, General Commercial, or industrial district and the property is adjacent to the R-1 District, and;
6.
A letter of request, project report, or other supporting materials, if desired.
Section 42-132 Conditional Use Permit.
[Ord. No. 4762, 10-2-2023]
The conditional use permit procedure is designed to provide the Planning and Zoning Commission and the City Council with an opportunity for discretionary review of requests to establish specified uses which may be deemed acceptable, desirable, or in the public interest to locate in certain zoning districts. The purpose of the review is to determine whether the proposed location of the use is consistent with the overall intent of the zoning district regulations and to permit the imposition of conditions designed to minimize or mitigate potential adverse effects.
1.
A property owner or authorized representative may request a conditional use permit by submitting the following:
a.
Completed application on forms supplied by the Community Development Department;
b.
Letter authorizing a representative to apply on behalf of the property owner, if applicable;
c.
Filing fee;
d.
Five (5) paper copies and an electronic copy (pdf preferred) of the site plan, if applicable;
e.
A letter of request or project report detailing the proposed use or development, and;
f.
Other supporting materials, if desired.
2.
A site plan is required for proposals which include the development or redevelopment of a property. A site plan is not required for changing the use of an existing building when no changes to the site are proposed. The site plan shall contain the information described below:
a.
Approximate location of proposed and existing designated uses or buildings and other structures;
b.
Floodplain areas, if applicable;
c.
Proposed landscaping/screening;
d.
An elevation view of the site showing preliminary building form (new construction only);
e.
Proposed ingress and egress to the site, including right-of-way and pavement width for proposed and existing streets;
f.
Locations of existing and proposed easements, utilities, and drainage facilities;
g.
The location, lighting and type of proposed signs;
h.
The location and number of proposed off-street parking areas; and
i.
Table indicating the proposed number of dwelling units, density, building height, parking spaces (proposed and required), and required setbacks.
3.
The letter of request or project report must detail the proposed use or project including the proposed number of dwelling units, density, building height, building or use area, proposed parking, proposed landscaping, proposed business hours, statement of potential impacts and proposed mitigation of impacts, estimated traffic levels, etc., as may be applicable.
4.
The Planning and Zoning Commission may require that a drainage study, traffic generation/impact study, photometric study, noise study, and/or other studies or documents be provided prior making a recommendation to the City Council.
5.
The Planning and Zoning Commission may impose such conditions as it determines necessary. Said conditions may include but not be limited to the following:
6.
A final site plan shall be submitted for review by the Community Development Director to determine compliance with the specified conditions of the permit prior to issuance of any building permit or commencement of the use of the property. The Community Development Director may require that the Planning and Zoning Commission also review and approve the final site plan if, in the Director's opinion, the final site plan is not fully in conformance with the required conditions.
7.
Conditional use permits shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit.
8.
Unless otherwise stated in the conditional use permit, substantial work or construction shall commence within three (3) years of the effective date of the permit, unless such time period is extended through appeal to the City Council. If no extension of time is granted the permit shall terminate.
Section 42-133 Amendment To Conditional Use Permit.
[Ord. No. 4762, 10-2-2023]
1.
Amendments to an approved conditional use permit may be reviewed in the same manner as a new application.
2.
The Community Development Director may review minor deviations from the approved final site plan for consistency in purpose and content with the nature of the proposal as originally approved by the City Council.
3.
If the Community Development Director determines that the deviation is not in conflict with the final site plan and meets all conditions of the conditional use permit, the Community Development Director may approve the request.
4.
The Director may use the following criteria to review minor deviations:
a.
Does not increase maximum density or any building height approved by more than five percent (5%);
b.
Does not decrease by more than five percent (5%) the area approved for open space or number of parking spaces;
c.
Does not significantly alter the arrangement of land uses, driveways, roads, building locations, parking areas, or required landscaping or open spaces.
Section 42-134 Planned Unit Development (PUD) Overlay District - Application.
[Ord. No. 4762, 10-2-2023]
1.
Process. The process for review of a Planned Unit Development (PUD) Overlay District involves the following steps:
a.
Optional sketch plan review by the Development Review Committee and Planning and Zoning Commission.
b.
Optional neighborhood meeting.
c.
Preliminary PUD review by Planning and Zoning Commission and City Council.
d.
Final PUD review by Community Development Department for compliance with approved PUD site plan, PUD report, and any imposed conditions.
e.
If needed, amended PUD review by Planning and Zoning Commission and City Council.
2.
Sketch Plan Review. Prior to submitting an application for a PUD Overlay District, the applicant may provide a sketch plan for review by the Development Review Committee and Planning and Zoning Commission. The purpose of the optional sketch plan review is to allow the applicant to receive comments from staff and the Planning and Zoning Commission to incorporate into the PUD application.
3.
Optional Neighborhood Meeting. The applicant is encouraged to hold an optional neighborhood meeting with the residents and/or property owners in the vicinity of the subject property.
4.
Preliminary PUD Application. A property owner or authorized representative may request a PUD Overlay District zoning designation by submitting the following:
a.
Completed application on forms supplied by the Community Development Department;
b.
Letter authorizing a representative to apply on behalf of the property owner, if applicable;
c.
Filing fee;
d.
Five (5) paper copies and an electronic copy (pdf preferred) of the preliminary PUD site plan;
e.
Survey prepared by a registered land surveyor;
f.
Five (5) paper copies and an electronic copy (pdf preferred) of the PUD report, and;
g.
Other supporting materials, if desired.
5.
Preliminary PUD Report. The PUD report must contain the following information at a minimum. Additional information may be required by the Planning and Zoning Commission and/or Community Development Director.
a.
The applicant's name and address;
b.
The owner's name and address;
c.
The names and addresses of all professional consultants advising the applicant with respect to the proposed PUD;
d.
A description of the project including the proposed uses, number of units, phasing, and schedule of construction;
e.
Description of how the project differs from the current zoning and/or zoning category that allows the proposed use;
f.
Explanation of why the project cannot be built with conventional zoning, and;
g.
Elevations for any proposed buildings or existing buildings to be modified.
6.
Preliminary PUD Development Plan. The preliminary PUD development plan must include the following information, if applicable:
a.
The legal description of the subject property;
b.
All existing and proposed property lines with bearings and dimensions;
c.
All easements, rail lines, roadways, and rights-of-way on or adjacent to the subject property;
d.
Topography at contours not more than ten (10) feet;
e.
Existing and proposed buildings, signage, parking areas, driveways, stormwater management systems, and utilities;
f.
Water courses, drainage ways, sinkholes, ponds, lakes, marshes or floodplains, including the 100-year floodplain, where applicable;
g.
The proposed zoning classification and use areas;
h.
Proposed landscaping buffer areas and other open spaces, and indicating any areas for tree preservation;
i.
Any proposed phases with approximate construction schedule, and;
j.
A tabulation of the following information, if applicable:
7.
Final Development Plan. After approval of the preliminary PUD by the City Council, the applicant must proceed to file a final development plan with the Community Development Department for review and approval prior to receiving any building permits for the project.
a.
The final development plan must include the same information required on the preliminary development plan and must incorporate any conditions of approval from the City Council. The plan must substantially conform to the approved preliminary plan and may include minor deviations as necessary as the final engineering plans are developed.
b.
The Community Development Director may approve the plan, or may refer review to the Planning and Zoning Commission if, in the Director's opinion, the plan does not substantially conform to the approved preliminary plan or meet the intent of plans as approved by the City Council.
c.
If referred, the Planning and Zoning Commission will review the plan for substantial compliance.
d.
If the final development plan is found to not be in substantial compliance with the approved preliminary development plan the applicant must submit a new preliminary PUD application.
e.
The following criteria may be used to determine if a final development plan is in substantial conformity with an approved preliminary development plan:
1)
Does not increase maximum density or any building height approved in the preliminary development plan more than five percent (5%);
2)
Does not decrease by more than five percent (5%) the area approved for open space or number of parking spaces;
3)
Does not significantly alter the arrangement of land uses, driveways, roads, building locations, parking areas, or required landscaping or open spaces within the PUD;
8.
Amended PUD Review. An approved PUD may be amended to modify the approved development plan and/or PUD report if desired. An amended PUD review is the same process as a preliminary PUD review. The amendment may amend the entire approved PUD or may amend the PUD for only a portion of the property/development.
Section 42-135 Variance, Special Exception, Appeal (Board Of Adjustment).
[Ord. No. 4762, 10-2-2023]
1.
A special exception is a permission given by the Board for an applicant to use his/her property for certain uses.
2.
A variance is an authorization by the Board granting relief from the Zoning Code to allow the use of a property.
3.
An appeal is a request for the Board to review a decision made by an administrative officer for compliance with the intent and meaning of the regulations. The Board of Adjustment may designate conditions on granting special exceptions or variances that secure the public interest and intent of this Chapter.
4.
A property owner or authorized representative may request a variance, special exception, or appeal to the Board of Adjustment by submitting the following:
a.
Completed application on forms supplied by the Community Development Department, and;
b.
Letter authorizing a representative to apply on behalf of the property owner, if applicable, and;
c.
Filing fee, and;
d.
Legal description of the subject property in an electronic format which can be copied, pasted, and manipulated (MS Word file or email preferred), and;
e.
Site plan indicating the proposed development of the property, if applicable, and;
f.
A letter of request which explains the project/request and how the request meets the criteria for approval, and;
g.
Other supporting materials, if desired.
5.
Any special exceptions or variances authorized or granted by the Board of Adjustment shall be valid for an unlimited period unless a lesser period shall be provided in a particular permit.
6.
Unless otherwise stated in the conditions of approval of the variance or special exception, substantial work or construction shall commence within three (3) years of the approval, unless such time period is extended through appeal to the Board of Adjustment. The variance or special exception will be considered to be null and void if no substantial work or construction has commence within three (3) years of the approval and no extension of time is granted.
Section 42-136 Voluntary Annexation.
[Ord. No. 4762, 10-2-2023]
1.
A property owner or authorized representative may request a property be annexed into the corporate limits of the City by submitting the following:
a.
Completed application on forms supplied by the Community Development Department, and;
b.
Letter authorizing a representative to apply on behalf of the property owner, if applicable, and;
c.
Filing fee, and;
d.
Legal description of the subject property in an electronic format which can be copied, pasted, and manipulated (MS Word file or email preferred), and;
e.
Notarized petition for annexation signed by all property owners and certifying that the property is not part of any other incorporated municipality and is contiguous to the City limits of Rolla and that the applicants request to be annexed as authorized by Section 71.012, RSMo., and;
f.
A letter of request or other supporting materials, if desired.
2.
The review of an annexation request will include review of the ability of the City to provide normal municipal services to such area within a reasonable time.
3.
Requests for an annexation must include a request for zoning the property. The City Council can assign the requested district, or any other zoning district if agreed to by the applicant. The zoning and annexation action must occur by one (1) ordinance.
Section 42-137 Text Amendment.
[Ord. No. 4762, 10-2-2023]
Amendments to the Zoning and Subdivision Regulations are initiated by City staff, the City Council, or the Planning and Zoning Commission.
Section 42-138 Vacations.
[Ord. No. 4762, 10-2-2023]
1.
An adjoining property owner or their authorized representative may request a partial or total vacation of an easement or street right-of-way by submitting the following:
a.
Completed application on forms supplied by the Community Development Department, and;
b.
Letter authorizing a representative to apply on behalf of the property owner, if applicable, and;
c.
Legal description of the subject property to be vacated in an electronic format which can be copied, pasted, and manipulated (MS Word file or email preferred), and;
d.
Vacation exhibit, and;
e.
A letter of request or other supporting materials, if desired.
2.
A vacation exhibit must include the area requested to be vacated as well as any adjacent property lines, buildings, utilities, or public infrastructure on or within thirty (30) feet of the area requested to be vacated. The exhibit must be based on a survey for the property lines, but all other data may be sourced from the City GIS maps and/or field observations.
3.
A vacation request may be reviewed concurrently with a subdivision application. In such case, no separate application or fee is required.
4.
The Development Review Committee Reviews All Requests For Vacations. The committee may determine such vacation is appropriate. Staff will forward the request to the Planning and Zoning Commission for their recommendation to the City Council.
5.
The Development Review Committee may determine that such vacation request is not appropriate. In such case, the applicant may appeal that decision to the Planning and Zoning Commission for their recommendation to the City Council. In such case, the applicant is responsible for reimbursement to the City for the costs of the public notice.
6.
The Commission shall not recommend the vacation of any street or part thereof of a dedicated street if such vacation will interfere with access to the public street of any abutting property or with the uniformity or improvement of the existing street system.
Section 42-140 Building Permits.
[Ord. No. 4762, 10-2-2023]
1.
It shall be unlawful to start the construction of a new building, structure, or sign or the enlargement or structural alteration of a building, structure, parking lot, or sign, without first filing a written application for and obtaining a building permit.
2.
Parking lots require review and a permit when expanding an existing lot to add more than five (5) parking spaces or adding an additional parking area that serves more than five (5) parking spaces on a developed property, or constructing a parking lot on an undeveloped property.
3.
No building permit shall be issued unless a site plan is filed, drawn to scale and showing the location on the lot of the building, structure, parking lot, or sign to be erected, altered, or enlarged, along with the distances to the nearest property lines, locations of planned driveways, locations of planned utility service lines, stormwater facilities, etc., as may be applicable. Failure to provide complete and accurate information shall be good cause for the revocation of any such building permit.
4.
Unless approved by the Board of Adjustment or the City Council, no building permit or certificate of occupancy shall be issued for any building, structure, parking lot, or sign where said construction, addition, or alteration thereof would be in violation of any of the provisions of this Chapter.
5.
Any person owning, controlling, constructing, supervising or directing the construction of any building or structure in the process of construction which is incomplete at the time the land upon which it is situated is annexed to the City of Rolla shall apply to the Codes Administrator of the City of Rolla for a permit authorizing further work. Said construction work shall be suspended until the permit provided for herein has been issued or until final zoning regulations have been adopted, which permit the construction, use and occupancy of the structure or building.
6.
No building permit shall be issued for and no building shall be erected on any lot unless the street giving access to the lot has been accepted by the City Council as a public street or meets the requirements as a private street or is permitted to be served by a private drive.
7.
No building permit shall be issued for any building to be constructed in the path of any planned street or road, roadway improvement, intersection improvement, or designated utility corridor shown on the adopted Comprehensive Plan or Major Thoroughfare Plan, unless approved by the Planning and Zoning Commission. The Commission will evaluate the proposed building and improvement locations for suitable alternatives, conditions of approval, or deny the request if the Commission finds that permitting the construction would impair the objectives of the adopted plan.
8.
Building permit applications may be considered to be abandoned after six (6) months after providing comments; or after six (6) months of notifying the applicant that the plans are approved and ready for payment and the building permit issued. Such abandoned plans and applications may be discarded.
Section 42-141 Land Use Review.
[Ord. No. 4762, 10-2-2023]
1.
Prior to the issuance of a building permit or business license, the use of the proposed building and/or property will be reviewed for compliance with this Chapter.
2.
An application for a business license that is determined to be a change of use (as listed in the permitted/conditional use lists of each district, not as described in building codes), increase of intensity of use, or the establishment of a new use shall only be approved if the use and parking and all other regulations of this Chapter are met.
Section 42-142 Public Hearings.
[Ord. No. 4762, 10-2-2023]
1.
Applications for special exceptions, variances, shall be submitted not less than twenty-eight (28) days prior to a regularly scheduled Board meeting, or by a filing deadline as posted by the Community Development Department.
2.
Applications for rezoning (map amendment), conditional use permit, preliminary plat, final plat, planned unit development, or annexation must be submitted not less than twenty-eight (28) days prior to a regularly scheduled Commission meeting, or by a filing deadline as posted by the Community Development Department.
3.
Meeting dates assigned at the time of application are tentative only, as additional information or revisions to plans may be needed prior to being able to be heard at a meeting.
4.
When any of the following land use actions are proposed through the submittal of an application or initiated by the City or legislative body, the signage, mail, and newspaper public notification procedures listed below shall be carried out by the Community Development Department at least fifteen (15) days prior to the Board of Adjustment or City Council public hearing for such a proposal:
a.
Major subdivisions;
b.
Planned unit developments;
c.
Conditional use permits;
d.
Rezoning (map amendment);
e.
Text amendments (no signage required);
f.
Appeals to the Board of Adjustment;
g.
Variances;
h.
Special exceptions;
i.
Vacations (entirety of street rights-of-way only);
j.
Preliminary plats;
k.
Amendments to conditional use permits; and
l.
Amendments to planned unit development final development plans.
5.
A yard sign must be posted on each street-facing side of the combined land subject to the land use action, or at a street intersection for corner lots. The sign may be placed at the nearest street in the event that the subject property does not have frontage which would be visible to the general public. The sign(s) shall convey that a land use action has been proposed and the contact information for the Community Development Department.
6.
An informational packet must be mailed to the property owners of the subject parcel(s) and those owners of properties located within a 300-foot perimeter around the subject parcel(s). The informational packet shall include a map that indicates where the subject parcel(s) is/are located and a letter that includes a description of the proposal; and the location, time, and date of the Board of Adjustment or Planning and Zoning Commission meeting and the City Council held public hearing. When applicable, the letters shall explain the extraordinary majority requirements described in Section 89.060, RSMo.
7.
A legal advertisement must be posted in an official paper or a paper of general circulation in Rolla, including a description of the request, address or location of the subject property, the time and place of the City Council held public hearing. A map showing the general location of the subject property may also be provided.
8.
Notice may also be provided on Rolla's government website and social media, including the location of the proposal; a description of the proposal and the location, time, and date of the Board of Adjustment or Planning and Zoning Commission meeting and the City Council-held public hearing. Such notice may be provided by posting the meeting/hearing agenda, staff report, and attachments.
9.
If a land use action impacts a minimum of five percent (5%) of the total City land area, such as a text amendment to this Chapter or a City-initiated amendment to the Zoning Map of a large area of the City, only the online and newspaper notification is required. Additional notice may be provided to impacted property owners, as determined on a case-by-case basis with the goal of informing all impacted persons.
Section 42-143 City Council Review.
[Ord. No. 4762, 10-2-2023]
1.
The City Council may affirm, reverse or modify, in whole or in part, any determination of the Planning and Zoning Commission.
2.
When the Planning and Zoning Commission has recommended a change in zoning, subdivision, planned unit development, or conditional use permit together with recommendations for conditions of approval, the City Council shall be at liberty to either accept, reject or make other or additional conditions. Any such conditions, in the discretion of the City Council to be made, shall become a part of the ordinance for the request.
3.
In the case of a protest petition against a rezoning (map amendment), planned unit development, or conditional use permit, duly signed and notarized by the owners of thirty percent (30%) or more of the land area (exclusive of streets and alleys) within a perimeter of one hundred eighty-five (185) feet from the subject property, such request shall not be approved except by the favorable vote of two thirds (2/3) of all the members of the City Council.
4.
A favorable vote of two-thirds (2/3) of all the members of the City Council is required for the adoption of, additions to, changes or modifications of the Comprehensive Plan.
Section 42-144 Fee Schedule.
[Ord. No. 4762, 10-2-2023]
Land Use Action Type | Application Fees |
|---|---|
Preliminary plat | $500.00 |
Final plat | $500.00 |
Minor subdivisions (administrative review) | $250.00 |
Minor subdivision (requiring final plat process) | $450.00 |
Lot consolidations | $50.00 |
Lot line adjustments | $50.00 |
Planned unit developments | $600.00 |
Conditional use permits | $450.00 |
Rezoning (map amendments) | $375.00 |
Voluntary annexation | $600.00 |
Appeals to the Board of Adjustment | $375.00 |
Variances | $375.00 |
Special exceptions | $375.00 |
1.
Concurrent Applications Are Encouraged When Possible. Applications submitted concurrently may have a portion of the application fees waived. Applications for requests that are heard by the Planning and Zoning Commission and City Council will only be subject to the application fee for the request with the highest fee. Concurrent applications which must be heard by both the Board of Adjustment and the Planning and Zoning Commission may have one hundred dollars ($100.00) of the application fees waived.
2.
Refunds are not provided for requests that are withdrawn after the public notice has been provided. A full refund will be provided if an application is withdrawn within three (3) business days of submittal. A partial refund may be provided if an application is withdrawn prior to any public hearing.
Section 42-150 Non-Conforming Uses And Structures.
[Ord. No. 4762, 10-2-2023]
1.
Any use, building, or structure that does not conform to the regulations of this Chapter, but were lawful and conforming when established or constructed, may continue, but shall be subject to the limitations of this Section and any other exemptions or limitations provided by this Chapter.
2.
The term "structure" includes accessory structures. Proof of lawful establishment must be provided by those who wish to continue such non-conformance.
3.
Signs are subject to the non-conforming structure regulations in the sign regulations Section of this Code.
4.
Discontinuance of a use is defined as voluntary and continuous vacancy or non-use of land or structures or part thereof for a period of one (1) year.
5.
Structural alteration is defined as any alteration to any component of a structure that supports any vertical load in addition to its own weight and does not include routine maintenance or repairs necessary to prevent imminent damage or collapse.
Section 42-151 Limitations.
[Ord. No. 4762, 10-2-2023]
The following limitations apply to maintaining lawful non-conforming status:
a.
Expansion or increase in intensity of a non-conforming use of land or structure or part thereof is not permitted;
b.
A change of use to a conforming use or a discontinuance of a non-conforming use of land or a structure will result in the revocation of the non-conforming status;
c.
Reconstruction, enlargements, additions, expansions, or structural alteration of a non-conforming structure are not permitted, except for structural alterations that are required by building, fire, or health codes for human health and safety, or for the modification of existing buildings if such changes result in greater conformance with the specifications of this Chapter;
d.
Non-conforming structures shall not be moved unless they are moved in way that reconciles all non-conforming aspects of the structure that can be reconciled by moving the structure;
e.
A non-conforming structure that is damaged by fire, tornado, or other catastrophe shall be permitted to be restored or rebuilt in a manner which does not increase any non-conforming aspect of the original structure or use and used again as previously; provided, that building permits for such restoration or reconstruction are issued within two (2) years of the date of the catastrophe;
f.
Reconstruction, alteration, extension, addition, or structural change to a single-family or two-family residential structure used for residential purposes is permitted if the change does not increase any non-conforming aspect of the use or structure.
Section 42-152 Board Of Adjustment.
[Ord. No. 4762, 10-2-2023]
1.
The Board of Adjustment may grant a special exception to allow a legal non-conforming use to be changed to any other use provided the proposed use is not more intense than the existing use in terms of traffic generation and other impacts on surrounding property.
2.
The Board of Adjustment may grant a special exception to allow a preexisting non-conforming use or structure to be expanded if, in the opinion of the Board, such expansion will not be more objectionable to or detrimental to the character of the neighborhood.
3.
The Board of Adjustment may grant a special exception to allow the reestablishment of a discontinued use within an existing structure if, in the opinion of the Board, it is impractical to use the structure for a conforming use and such reestablishment would not be detrimental to the character of the neighborhood.
Section 42-160 Penalties.
[Ord. No. 4762, 10-2-2023]
Any person violating or failing to comply with any provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred dollars ($300.00), per day, for each day of non-compliance.
Section 42-161 Violations.
[Ord. No. 4762, 10-2-2023]
1.
Whenever the Community Development Director, or authorized representative, determines that there are reasonable grounds to believe that a violation of any provision of this Chapter exists on any parcel of land within the City, he/she shall give notice of such alleged violation to the owner or agent of said parcel. The City shall attempt to give notice when the violation does not pose an imminent danger and the owner has not previously been notified either orally or in writing regarding a violation of the same Section of this Chapter. Such notice shall:
a.
Be in writing and include a statement of any alleged violations, what remedial action(s) are to be taken, and any fines or fees associated with the enforcement of this Chapter;
Allow a reasonable time for the correction of any violation or the performance of any required act;
b.
Be served upon the owner or his/her agent personally, by registered mail to his/her last known address, or is posted conspicuously in or about the building, structure, or sign affected by the action.
2.
Whenever the Community Development Director has ordered a person to correct any violation and when such violation has not been corrected within the time specified by such order, thereafter the Director may institute an action to revoke any permits issued by the City under which the activity is conducted and occupancy permits.
3.
If a person violates this Chapter or if a notice of a violation is not complied with within the time specified, the Director may cause a Municipal Court summons to be issued, and he/she may also request the City Attorney to institute the appropriate legal proceedings to obtain an injunction to restrain, correct or abate such violation or to acquire removal or termination of the unlawful use of a building, structure or sign in violation of the provisions of this Chapter or any order or direction made pursuant thereto.
4.
The imposition of the fines herein prescribed shall not limit the City Attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or use of building or structure in or about any premises, in violation of this Chapter.